Mediation & Evaluations
In the early 1990’s Minnesota courts started down the road toward requiring all parties in family law proceedings to utilize Alternative Dispute Resolution (ADR). Today it is not uncommon for scheduling orders in all family court matters to require an attempt to reach an amicable settlement.
There are several ADR methods, but they each have the same goal of encouraging the parties to come to an agreement on the issues in the case instead of having the issues decided by a judge. The most common types of ADR in divorce, custody, and parenting time proceedings are mediation and early neutral evaluations.Â
ADR methods are encouraged by the courts because they often save time and money for both parties. But there is a strategy for ADR choices and processes to make sure they smartly serve each case. Atticus Family Law helps you explore all reasonable paths toward reaching a favorable resolution and works with you to employ the best method for your situation.
Mediation
Mediation is available prior to going to court and/or after a case has started. While formal court attention will eventually be required, there is no requirement that married couples and parents start a court case before they try to resolve their differences with a mediator.
Mediation is where a professional mediator facilitates a productive, confidential meeting between people with disagreements and disputes. Within a safe environment of balanced power between parties, information is gathered relating to each individual’s goals, which may include children’s needs, income, budgets, taxes, and property valuations. From there, the mediator facilitates decision-making using creative, values-laden processes that permit the parties to find common ground for each of the issues identified. Any agreements result in a memo written by the mediator describing all decisions made by the parties.
Early Neutral Evaluation
An Early Neutral Evaluation (ENE) provides parties with an evaluation of the issues by a neutral person. This evaluation occurs within a few weeks of the start of a case.
There are two types of early neutral evaluations: social and financial. Social ENEs, also called Custody/Parenting Time ENEs, address non-financial issues though sometimes child support is included. Financial ENEs address the questions of divorce property divisions, spousal maintenance, child support, and any tax issues. Whereas one family law professional serves as the Financial ENE, a team of two professionals – a male and female – serve as the Social ENE neutrals.
The expectation is that if the family law parties receive a neutral opinion of their case, they will be better able to reach a prompt settlement before the parties dig into unreasonable positions and spend great deals of money on litigation. The neutral approaches the case with the ability to state what they would think a judge would do with the information presented at the ENE.
The Role of Legal Counsel in ADR
By using the services of an experienced family law attorney, parties to these cases can get the most out of mediation and ENEs. An attorney assists you in not only being prepared with all of the information and documents but the attorney proposes and develops a strategy with you so that the facts and issues are logically organized based on priorities, related issues, and needs.
All too often, the impatience, anxiety, and misunderstanding of parties who use ADR results in someone agreeing to terms that are contrary to their interests, contrary to what a judge would order, and contrary to the best interests of the children. By working with an attorney before and at the ADR session, parties to a family law case will have the benefit of good advice and someone to help them stay the course.
Another advantage of having legal counsel present is that an ADR session can result in an agreement that is binding upon the parties. While not all of the agreements reached at the end of an ADR session are binding, there are times when a client will want to have both parties lock in the terms. These types of opportunities can best be seized with the help of a good family law attorney.
ADR Can Be More Effective with a Family Law Attorney
For any sort of ADR to work, both parties must be prepared to compromise in order to reach an agreement. ADR will fail if it is used just to convince the other party to adopt a party’s position. On the other hand, a party needs to be careful not to be too generous. A family law attorney will enable a party to appreciate where the line is between prudent compromise and undue generosity. The team at Atticus Family Law has been guiding clients through mediation and evaluations for many years. They listen to each client’s goals and concerns and help design a custom strategy for resolving every issue. Contact our office today to learn more about how we may be able to help you.
